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South Carolina
JUDICIAL DEPARTMENT
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2009-02-05-02

The Supreme Court of South Carolina

In re: Amendments to the South Carolina Appellate Court Rules


ORDER


Pursuant to Act No. 361, 2008 S.C. Acts 3623, the Legislature transferred the South Carolina Children’s Code from S.C. Code Ann. § 20-7-10 et seq. to a new title in the Code, Title 63.  There are several references to the former sections within the South Carolina Appellate Court Rules which, based on the amendments, are now incorrect.  Furthermore, Rule 608 incorrectly refers to the South Carolina Administrative Law Court as the South Carolina Administrative Law Division.  S.C. Code Ann. § 1-23-500 (Supp. 2008) (“There is created the South Carolina Administrative Law Court, which is an agency and a court of record within the executive branch of the government of this State.”).

Therefore, pursuant to Article V, § 4, of the South Carolina Constitution, we hereby amend Rules 225, 608, and Canon 3, Rule 501, SCACR, as set forth in the attachment to this Order, to cite to the correct code sections and to refer to the proper nomenclature for the South Carolina Administrative Law Court.  This order is effective immediately.

IT IS SO ORDERED.

  s/Jean Hoefer Toal
Jean Hoefer Toal
Chief Justice

Columbia, South Carolina
February 5, 2009


RULE 225
STAY AND SUPERSEDEAS IN CIVIL ACTIONS

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(b) Exceptions.  The exceptions to the general rule are found in statutes, court rules, and case law.  Where specific conditions must be met before the exception applies, those conditions must be strictly complied with.  A list of some, but not all, of the exceptions to the general rule is:

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(6) Family court orders regarding a child or requiring payment of support for a spouse or child as provided in S.C. Code Ann. § 63-3-630.

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(9) Family court orders awarding temporary suit costs or attorney’s fees as provided in S.C. Code Ann. § 63-3-530(A)(2).

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Rule 608
Appointment of Lawyers for Indigents

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(d) Active Members Who Are Exempt From Appointment.

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(1) The following active members shall be exempt from appointment:

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(E) Members who are employed by the South Carolina Administrative Law Court or by any Federal Administrative Law Judge if those members do not engage in the private practice of law.

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(g) Minimizing Appointments.

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(3) When available, the circuit and family courts should consider using non-lawyers as GALs.  The family court in each county is expected to encourage and support the South Carolina Guardian Ad Litem Program, S.C. Code Ann. §§ 63-11-500 to -570.  Effective use of this program will further reduce the burden placed on lawyers while insuring that competent GALs are provided for children in abuse and neglect cases.

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Rule 501, SCACR

CANON 3

A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY

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Commentary:

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Examples when an ex parte communication may be expressly authorized by law include the issuance of a temporary restraining order under certain limited circumstances [Rule 65(b), SCRCP], the issuance of a writ of supersedeas under exigent circumstances [Rule 225(d)(6), SCACR], the determination of fees and expenses for indigent capital defendants [S.C. Code Ann. § 16-3-26 (Supp. 1995)], the issuance of temporary orders related to child custody and support where conditions warrant [S.C. Code Ann. § 63-17-390 (Supp. 2008)], and the issuance of a seizure order regarding delinquent insurers [S.C. Code Ann. § 38-27-220 (Supp. 1995)].

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